The Terms Of A Contract

The Terms Of A Contract

1312 WordsDec 9th, 20156 Pages

The terms of a contract refer to the obligations of the parties entering into the contract. These terms are the contents of the contract, which determine the parties’ rights and obligations. Consequently, the law classifies the terms in two ways. Firstly, the law can look at the terms according to the consequences of breach involving the nature of each term as a condition, warranty or innominate. Secondly, they may investigate the method through which the terms got into the contract, explicitly or implicitly. Courts have the option to examine these two methods to reach an understanding of the obligations of each party in the contract breached by one party. In reference to the first method, this essay will focus on the ability of implicit terms to enter into a contract. An implicit term is not expressly agreed to by the parties, but nevertheless are either read into the contract or arise from other sources of law. To clarify, parties may not have expressly included the term due to forgetfulness, previous contract with the party or because it may have been obvious due to the parties presence in the same trade. If the parties do not include a term, the court can imply a term for business efficacy. This is done in order to make a contract work. Accordingly, the court aims to make valid the intention of the parties. The Moorcock (1889) involved a term not included, but of such an obvious nature that the parties did not think to include it in the contractual terms. Subsequently,…

therefore contract terms. The team also weighed the cost of new machines against capital for inventory and interest rates, evaluating the return on investment and the impact a new machine had on lead times. Using this consideration set, team Honeybadgers purchased one tuning machine, one stuffing machine, and changed the contract terms on ten occasions. Ultimately, the team placed 5th.
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Actions & Analysis
Changing Contract Terms:
A 7 day…

Implied Terms
The content of a contract are made up of terms (or ‘clauses’ as they are called in the case of written contracts) which may be express or implied. The express terms are the terms which the parties actually stipulated for themselves when making the contract, whether orally or in writing.
In addition to the express terms, the courts sometimes, for a variety of reasons, imply certain terms into the contract. Implied terms are terms that are not expressly stated in the contract but are…

Contracts versus Standard Terms & Conditions
When dealing with customers, training partners or suppliers its important to finalise on the supply or purchase of the required goods and services. Normally this takes the form of a contract which provides legal protection for both supplier and purchaser.
A written agreement should be provided when supplying training which includes standard terms and conditions. On the purchasing side the supplier will send there version, which will require consideration…

The Terms of a Contract
The terms of a contract identify the rights and obligations of each
party under that contract. A contract is merely a collection of terms
– duties and rights and penalties, some of which may be in writing and
some of which may be oral. Terms create contractual obligations for
breach of which an action lies.
Terms may be either express or implied.
Express terms.
Express terms are those which are specifically agreed…

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.
Terms of the contract
Terms are the things that make up the contract. They are the actions and inactions that the parties agree upon with each other. Without the terms there is no contract. They are divided into a few parts, there is express terms and implied terms.
Express terms are terms which are stated and made clear to both parties. They…

UCTA: Unfair Contract Terms Act
UCTRR: The Unfair Terms in Consumer Contracts Regulations
Slide 4
Signed Document: Where the contract has been signed by the consumer. L’estrange v Graucoub, Curtis v Chemical Cleaning Co
Lestrange v Graucoub:
- claimant bought a cigarette vending machine.
- Signs an order form containing clause removing all liability regarding the condition and warranty.
- The machine didn’t work.
- Was held that she was bound by the terms as she had signed contract despite not…

The law of unfair terms in consumer contracts have experienced changes over the years, the most significant of which was the Consumer Rights Act which came into effect on October 1st 2015. However, before the Consumer Rights Act 2015 (CRA 2015), unfair terms in consumer contracts were covered under two pieces of legislation; the Unfair Contract Terms Act 1977(UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) . The UCTA 1977 and UTCCR 1999 provided liability for…

Unfair Terms
The law states that the term in a standard form contract is unfair, if it is: “ firstly, a term would cause a significant imbalance in the parties’ rights and obligations. Secondly, the term is not reasonably necessary to protect the legitimate interests of the party that would be advantaged by the term. Thirdly, the term would cause detriment to a party if it were to be applied or relied on.”
Examples of Unfairness and Suggested Actions (Ranked examples):
1.Read and Understand Declaration…

Unfair Term in a Contract
After the Treaty of Maastricht, the European Community made a
directive on Unfair Terms in Consumer Contracts 1993. This instructed
member states to pass domestic legislation to provide consumer
protection. As a result, the UK Government made the Unfair Terms in
Consumer Contracts Regulations 1994 which have now been replaced by
the Unfair Terms in Consumer Contracts Regulations 1999. The main aim
of the new regulations…

Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.
Terms of the contract
Terms are the things that make up the contract. They are the actions and inactions that the parties agree upon with each other. Without the terms there is no contract. They are divided into a few parts, there is express terms and implied terms.
Express terms are terms which are stated and made clear to both parties. They…